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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> A, R (on the application of) v Lewisham Youth Court & Anor [2011] EWHC 1193 (Admin) (12 May 2011) URL: https://www.bailii.org/ew/cases/EWHC/Admin/2011/1193.html Cite as: (2011) 175 JP 321, [2012] 1 WLR 34, [2012] WLR 34, [2011] EWHC 1193 (Admin) |
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COURT
![]() ![]() Strand, London, WC2A 2LL |
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B e f o r
e :
and
MR JUSTICE LLOYD JONES
____________________
THE QUEEN ON THE ![]() ![]() ![]() ![]() |
Claimant |
|
- and - |
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![]() ![]() ![]() ![]() ![]() -and- THE ![]() |
Defendant Interested Party |
____________________
Ms Esther Schutzer-Weissmann (instructed by CPS) for the Interested Party
The Defendant being neither present nor represented
Hearing dates: 31 January
2011
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
Lord Justice Toulson:
CYPA 1969, section 23
"1. Section 23 of the 1969 Act shall have effect with the modifications specified in subsections (2) to (6) below inrelation
to any male person who –
(a) is of the age of 15 or 16; and
(b) is not of a description prescribed for the purposes of subsection (5) of that section; and
(c) is notremanded
in connection with proceedings under the Extradition Act 2003."
"(1) Where
(a) acourt
![]()
remands
a child or young person charged with or convicted of one of more offences or commits him for trial or sentence; and
(b) he is notreleased
on bail, then, unless he is
remanded
to a
remand
centre or a prison in pursuance of subsection (4) (b) or (c) below, the
remand
or committal shall be to local authority accommodation; and in the following provisions of this section, any
reference
(however expressed) to a
remand
shall be construed as including a
reference
to a committal.
(2) Acourt
![]()
remanding
a person into local authority accommodation shall designate the local authority who are to
receive
him; and that authority shall be
(a) in the case of a person who is being looked after by a local authority, that authority; and
(b) in any other case, the local authority in whose area it appears to thecourt
that he
resides
or the offence or one of the offences was committed. …
(4) Where acourt,
after consultation with an officer of a local probation board, an officer of a provider of probation services, a social worker of a local authority or a member of a
youth
offending team, declares a person to be one to whom subsection (5) below applies
(a) it shallremand
him to local authority accommodation and
require
him to be placed and kept in secure accommodation, if
(i) it also, after such consultation, declares him to be a person to whom subsection (5A) below applies; and
(ii) it has been notified that secure accommodation is available for him;
(b) it shallremand
him to a
remand
centre, if paragraph (a) does not apply and it has been notified that such a centre is available for the
reception
from the
court
of persons to whom subsection (5) below applies; and
(c) it shallremand
him to a prison, if neither paragraph (a) nor paragraph (b) above applies. …
(5) This subsection applies to a person who
(a) is charged with or has been convicted of aviolent
or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of 14 years or more; or
(b) has arecent
history of absconding while
remanded
to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so
remanded,
If (in either case) thecourt
is of opinion that only
remanding
him to a
remand
centre or prison, or to local authority accommodation with a
requirement
that he be placed and kept in secure accommodation, would be adequate to protect the public from serious harm from him.
(5A) This subsection applies to a person if thecourt
is of opinion that, by
reason
of his physical or emotional immaturity or a propensity of his to harm himself, it would be undesirable for him to be
remanded
to a
remand
centre or a prison. "
CAJA 2009, section 115
"(1) A person charged with murder may not be granted bail except by order of a judge of the CrownCourt.
(2) Subsections (3) and (4) apply where a person appears or is brought before a Magistrates'Court
charged with murder.
(3) A judge of the CrownCourt
must make a decision about bail in
respect
of the person as soon as
reasonably
practicable and, in any event, within the period of 48 hours beginning with the day after the day on which the person appears or is brought before the Magistrates'
Court.
(4) The Magistrates'Court
must, if necessary for the purposes of subsection (3), commit the person to custody to be brought before a judge of the Crown
Court."
The arguments
"Everycourt
in dealing with a child or young person who is brought before it, either as…an offender or otherwise, shall have
regard
to the welfare of the child or young person and shall in a proper case take steps for
removing
him from undesirable surroundings, and for securing that proper provision is made for his education and training."
The argument was that CAJA 2009, section 115 must be read
with the general provisions of CYPA 1933, section 44, but not with the much more specific provisions of CYPA 1969, section 23, at the stage when the child or young person appears before the
Youth
Court.
(It is common ground that section 23 would continue to apply at the stage when the defendant appears at the Crown
Court.)
Discussion and conclusion
Mr Justice Lloyd Jones: